210 Cal. App. 4th 1423
Cal. Ct. App.2012Background
- These are consolidated bail bond forfeiture appeals where bonds were forfeited after appellant prevailed in underlying proceedings.
- Appellant, represented by Fresno County Counsel, sought attorney-fee costs under Penal Code section 1305.3 in each case.
- The trial court denied the motions for attorney fees, ruling that 1305.3 does not authorize fees as costs.
- Appellant argued that ‘costs’ includes attorney fees because attorney time is the primary operating cost in opposing bail motions.
- The court reviewed de novo the statutory interpretation question and examined the historical amendments to section 1305.3.
- The court held that ‘costs’ under 1305.3 do not include attorney fees and affirmed the trial court’s orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1305.3 includes attorney fees as costs | Levy contends costs include attorney fees | Levy argues the statute permits recovery of attorney fees | No; costs do not include attorney fees |
| Whether there is an independent basis to recover attorney fees under 1305.3 | Levy claims an independent legal basis exists to recover fees | Defendant says no independent basis; fees are not authorized | No independent basis; fees not recoverable as costs |
| Proper interpretation of the term 'costs' in 1305.3 | Levy asserts a broad meaning of 'costs' including attorney time | Defendant relies on the ordinary meaning that excludes attorney fees | Costs have ordinary meaning excluding attorney fees; no insertion of 'attorney fees' |
Key Cases Cited
- Amwest Surety Ins. Co. v. Amwest, 56 Cal.App.4th 915 (Cal. Ct. App. 1997) (costs cannot be automatically equated with attorney fees)
- Santisas v. Goodin, 17 Cal.4th 599 (Cal. 1998) (attorney fees are allowable as costs only when authorized by statute)
- Benson v. Kwikset Corp., 152 Cal.App.4th 1254 (Cal. Ct. App. 2007) (costs defined by statute; cannot import attorney fees into 'costs')
- Musaelian v. Adams, 45 Cal.4th 512 (Cal. 2009) (American rule; costs and attorney fees governed by statute or agreement)
- Hsu v. Semiconductor Systems, Inc., 126 Cal.App.4th 1330 (Cal. Ct. App. 2005) (attorney fees and costs are mutually exclusive in general)
- City of Los Angeles v. Abbott, 129 Cal.App.2d 144 (Cal. App. 1933) (court assumes statutory language without inserting omitted terms)